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353 N.C. 246

538 S.E.2d 566

Roberts v. Swain

Supreme Court of North Carolina

Decided December 21, 2000

Supreme Court of North Carolina · decided 2000-12-21

Cited by 10 later decisions — most recently August 2008

10 state decisions

Relies on Poole v. Miller

Good law ✅— No negative treatment on recordhow we know

Decided 2000-12-21

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Justice Parker

¶1concurring.

¶2The result reached by the majority is consistent with this Court’s decision in Poole v. Miller, 342 N.C. 349, 464 S.E.2d 409 (1995). I dissented from the decision of the majority in Poole, and I continue to believe that the reasoning of my dissent in that case was correct. Id. at 355-57, 464 S.E.2d at 413-14. (Parker, J. dissenting, joined by Whichard, J.). However, the doctrine of stare decisis, which impels courts to abide by established binding precedent except in the most extraordinary circumstance, requires that I now accept Pooleas authoritative and concur in the decision of the majority in the present case.

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